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The Nuclear Security (Secretary of State Security Directions) Regulations 2018

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10.—(1) A responsible person commits an offence (“a non-compliance offence”) where the responsible person fails to—

(a)comply with a security direction or further direction; or

(b)ensure that the responsible person’s officers, employees and contractors—

(i)are made aware of any measures given in the security direction or further direction which are relevant to those persons; and

(ii)take all steps necessary to comply with such measures.

(2) It is a defence for a responsible person charged with a non-compliance offence to prove that the responsible person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(3) Where an enforcement officer exercises a relevant power it is an offence for a person to fail to comply with any requirement imposed under those powers.

(4) It is an offence for a person to prevent or attempt to prevent any other person from—

(a)appearing before an enforcement officer; or

(b)answering any question to which an enforcement officer exercising a relevant power may require an answer.

(5) It is an offence for a person intentionally to obstruct an enforcement officer in the exercise or performance of the enforcement officer’s powers.

(6) It is an offence for a person falsely to pretend to be an enforcement officer.

(7) It is an offence for a person to disclose any protected information contrary to regulation 9.

(8) It is an offence for a person to use protected information contrary to the restriction under regulation 9(4).

(9) It is a defence for a person charged with an offence under paragraph (7) to prove—

(a)that the person did not know and had no reason to suspect that the information was protected information; or

(b)that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

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